Council Legislation & Environmental Committee
SMC Chapter 8.40:Shopping Carts
Shopping Cart Ordinance - Background
Originally adopted by Ordinance 031-01 C.S., effective January 3, 2002.
Now codified at SMC Chapter 8.40, sections 8.40.010 – 8.40.150 Related State statute: Business and Professions Code section 22435 et seq.
Shopping Cart Ordinance Provisions
SMC § 8.40.040: requires all shopping carts have a sign with the following information:
The name of the business associated with the cart;
Notice that unauthorized removal or unauthorized possession of carts are violations of law; Notice of the procedure for authorized removal of carts; and A phone number or address for returning carts.
SMC § 8.40.050: Failure to affix adequate signs to carts is an infraction.
Shopping Cart Ordinance Provisions
SMC § 8.40.060: Prohibits possession of shopping cart outside business premises.
SMC § 8.40.070: Prohibits abandoning shopping carts.
SMC § 8.40.080: Requires businesses to prepare, implement, and submit a written “Mandatory Plan.” SMC § 8.40.100 & 8.40.110: Permits the City to impound abandoned shopping carts.
Removal & Abandonment of Carts Unlawful
SMC § 8.40.060: Any person in possession of a shopping cart outside the premises of a business establishment without the express prior written approval of its owner, unless the person is in the process of immediately returning the shopping cart to the owner, shall be guilty of a misdemeanor. Written permission to remove a shopping cart shall be valid for a period not to exceed 72 consecutive hours.
Removal & Abandonment of Carts Unlawful
SMC § 8.40.070: Any person who, having a shopping cart in his or her possession or custody, leaves or permits to be left any shopping cart upon any sidewalk, street, or other public place, or upon any private property, such that it becomes an abandoned shopping cart, shall be guilty of a misdemeanor.
Shopping Cart Plan
SMC § 8.40.080:
A. Every owner shall prepare, implement, and submit by March 1, 2002, a specific written plan to prevent their respective customers from removing shopping carts from each owner’s premises and to retrieve shopping carts that have been removed therefrom. Said plan may include the following elements and shall be subject to the hereinafter specified approval:
1. Notice to Customers. Written notice may be provided to customers that removal of shopping carts from the premises is prohibited and a violation of law. The notice may be provided in the form of flyers, warnings on shopping bags, or any other form of written notification that will provide effective notice to customers of the prohibition.
2. Signs. Signs may be placed in appropriate places near customer exits and near parking area exits to inform customers that shopping cart removal is prohibited and constitutes a violation of law.
3. Preventive Measures. Specific physical measures may be implemented to prevent the removal of shopping carts from the owner’s premises. These measures may include, but are not limited to, devices on shopping carts that automatically disable them if they are removed from the premises, employment of personnel to advise and deter customers from removing shopping carts, installation of obstacles to prevent the removal of shopping carts, collection of security deposits for use of shopping carts, provision for rental or sale of shopping carts to customers and similar or like measures.
4. Retrieval Measures. Specific measures may be implemented to retrieve shopping carts that are removed from the owner’s premises. Such measures may include, but are not limited to, employment of personnel or contractors to retrieve shopping carts.
Shopping Cart Plan
SMC § 8.40.090: Failure to submit a plan is an infraction.
Impoundment & Retrieval by City
The City has the option to retrieve and impound shopping carts itself. There are two methods:
(A) Provide notice to the owner of the cart’s location and wait 3 business days, then impound. (B) Immediately impound and provide notice to the owner, then wait 3 business days where owner can recover the cart without charge.
After waiting the 3 business days under method (A) or (B), the City may charge the owner to recover City’s costs.
If the City impounds a business’ carts on more than 3 days in a 6-month period, it may fine the business an extra $50 for violations.
Further Revisions: Constraints
The City is somewhat limited in its options to further regulate the area by ordinance. State statute prohibits a City ordinance from conflicting with Business and Professions Code, Division 8, Chapter 19, Article 1 (BPC section 22435.8).
Likely due in part to this limitation, municipal codes of other jurisdictions are identical or similar to the City’s, including: Sacramento, Elk Grove, Lodi, Manteca, Modesto, San Jose, and San Francisco.